HARENDRA PRASAD MODI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ application is directed for issuance a writ/direction commanding the respondents to allow the petitioner, to function as Professor Incharge/In - charge Principal, of Babu Lal Nand Lal (BLNL) Bohra Inter College, Rajmahal and not to disturb the functioning of the petitioner as Professor Incharge/Incharge Principal of the said college.

(2.) THE question aforesaid arose out of a resolution issued by the Member of the Governing Body, vide resolution No. 4, contained in Annexure -1 to the writ application, whereby and whereunder the then principal Sri Anil Kumar Chaurasiya beg apology and also resigned from the post of Principal and by the same Annexure -1, vide resolution No. 5, Sri Harendra Prasad Modi was appointed as principal and a resolution was also taken that the operation of the Account will be made by their joint signatures i.e. Secretary and the Principal. Then it transpires that the Bihar Intermediate Education Council had approved the aforesaid resolution vide Annexure -3. Thereafter, the dispute arose because the Jharkhand Intermediate Education Council had come in being and by its letter No. 20.10.2001, they asked the Principal of the said college to send any objection with regard to the constitution of the administrative faculty in the college. Thereafter, by Annexure - 4/A Mr. Modi, the Principal Incharge informed the Council that the Administrative faculty should be kept in its existing form and no modification/amendment be made thereto. From issue of this letter, the Principal Incharge, who is the writ petitioner herein, has got apprehension in his mind that his status as such was threatened. Consequently, he came to this Court in this writ petition.

(3.) EVEN thereafter the petitioner feels aggrieved, he will, have the liberty to move before the appropriate forum.